Brindley v Wade [2019] NSWSC 303

Supreme Court New South Wales

Medium Neutral Citation: Brindley v Wade [2019] NSWSC 303 Hearing dates: 21 March 2019 Date of orders: 21 March 2019 Decision date: 21 March 2019 Jurisdiction: Equity Before: Hallen J Decision: See Paragraph 18 Catchwords: SUCCESSION – PRACTICE & PROCEDURE – Claim for family provision order by former spouse of the deceased – Probate granted to Defendant, who was one of the named executors, one of three children of the deceased, and a beneficiary equally, with her two siblings, entitled to share the whole of the deceased's estate – No provision made for Plaintiff – Application for summary dismissal by Defendant – UCPR rule 13.4 – Submitted that the Plaintiff is unable to establish factors warranting the making of her application – Whether the proceedings are frivolous or vexatious – Documents tendered at the hearing resulted in Defendant applicant conceding that notice of motion must fail – Argument on costs – Court administration – Case management Legislation Cited: Civil Procedure Act 2005 (NSW) Family Provision Act 1982 (NSW) Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Estate Grundy; La Valette v Chambers-Grundy [2018] NSWSC 104 Category: Procedural and other rulings Parties: Lilian Helen Brindley (Plaintiff/Respondent) Rachel Lee Wade (Defendant/Applicant) Representation: Counsel: Mr R E Quickenden (Plaintiff/Respondent) Mr W Sharwood (Defendant/Applicant)

Solicitors: Fitzpatrick Solicitors Pty Ltd (Plaintiff/Respondent) Rachel Bird & Co (Defendant/Applicant) File Number(s): 2018/391746